Physicians And Parents Agree To A $900,000 Settlement In Lawsuit Claiming Physician's Medical Error Resulted in Newborn's Erb's Palsy Injury
By: J. Hernandez
Submitted: 2010-07-06 17:25:26 | Word Count: 638
Among the more prevalent kinds of birth injuries is an Erb’s palsy injury that relates to the baby's shoulder and arm. This might be a serious injury that in the most serious instances might leave the baby with poor use of the arm even after surgery. In a number of situations the injury is avoidable. In the event that this occurs as a result of an error by a doctor during the delivery procedure the parents may be able to pursue a medical malpractice claim on behalf of themselves and their baby.
For instance, look at a reported case concerning a woman pregnant with her third child. The woman was either borderline for or actually had gestational diabetes, excessive weight gain during the pregnancy and had in the past given birth 2 large babies. Around four months into the pregnancy the woman's physician documented that the baby was bigger than predicted by the gestational age and 3 months later the pregnant woman was borderline on her blood sugar test for gestational diabetes.
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An ultrasound shortly after that consultation put the baby’s weight in the 90th percentile. At her final prenatal visit the day prior to the scheduled delivery the doctor noted the fundal height (a measurement of the uterus employed to determine fetal growth and development) at 43 centimeters. She was forty weeks pregnant at the time.
The next day the expectant mother was admitted at the hospital as scheduled. Once she was admitted, a second doctor took over her care. The hospital cchart documented the expectant mother's previous borderline glucose test and also that she was at high risk given her past “large gestational age” babies. This physician failed to, nevertheless, test her glucose amount or make any effort to determine the unborn child's weight prior to medically inducing her.
Almost several hours after her admission for the hospital her membranes spontaneously ruptured. When this happened a sizeable amount of meconium was witnessed. This is typically a sign that the unborn child is in trouble and typically requires an emergency C-section. Roughly forty minutes after the doctor performed a vaginal examination. The doctor documented that the woman was 4 centimeters dilated. The doctor positioned a fetal scalp electrode which showed early decelerations. Even though it was not recorded in the case report, certain kinds of decelerations might be a sign of fetal distress. Shortly more than an hour later the expectant mother was fully dilated. The nurse’s paperwork indicated the existence of shoulder dystocia, the delivery of the child's head, as well as the application of suprapubic pressure to aid the delivery.
The newborn weighed 10 pounds 10 ounces at birth. The baby had a head circumference in the ninetieth percentile. She had an Erb's palsy injury. As she got older her arm atrophied from her incapacity to use it. She has developmental delays and she has been diagnosed with cerebral palsy.
The physicians did not monitor the mother for gestational diabetes even though they had sufficient information that the baby was large preceding birth. Nevertheless, they did not plan on a Caesarean and failed to attempt a standard method before employing traction to the child's head. These steps could have avoided the child's injury. The parents pursued a medical malpractice claim against the doctors and the law firm that handled the case published that the lawsuit settled for $900,000.
Author Resource:-
Joseph Hernandez is an attorney accepting catastrophic injury matters. For more information about
erbs palsy and other birth injury matters including group b strep matters by visiting the websites
